Northern Ireland - Social Security and Child Support Commissioners' Decisions

[1998] NISSCSC C16/98(IB) (23 June 1998)

 


Decision No: C16/98(IB)

SOCIAL SECURITY ADMINISTRATION (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY CONTRIBUTIONS AND BENEFITS (NORTHERN IRELAND) ACT 1992 SOCIAL SECURITY (CONSEQUENTIAL PROVISIONS) (NORTHERN IRELAND) ACT 1992 INCAPACITY BENEFIT Appeal to the Social Security Commissioner on a question of law from the decision of the Newry Social Security Appeal Tribunal dated 1 July 1997 DECISION OF THE SOCIAL SECURITY COMMISSIONER
1. This is an appeal by the claimant, leave having been granted by the Chairman, from the decision dated 1 July 1997 of a Social Security Appeal Tribunal (hereinafter called "the Tribunal") sitting at Newry.
2. An oral hearing was not requested and, having read the papers, I am satisfied that I can deal with the matter without an oral hearing.
3. The claimant's grounds of appeal were contained in an undated letter, signed by Mr C...but written in different handwriting which was received by the Independent Tribunal Service on 15 October 1997.
4. That letter was in very general terms stating:-

"I wish to apply for leave to appeal to the Commissioner. The Tribunal failed to give an adequate statement of the reasons for its decision and the findings of fact on which it was based. It also made a decision based on insufficient evidence.

From reading the decision I do not understand why I was disallowed."

The letter contained no indication of how the statement of reasons was inadequate, how the findings of fact were inadequate, in what way the decision was based on insufficient evidence. It therefore made generalised statements without relating them to the decision in question.

5. I note that in this case leave to appeal was granted by the Tribunal Chairman. He has given no reason for granting leave and he is not legally obliged to do so. It would, however, be helpful if a Chairman, when granting leave would indicate briefly why he has done so.
6. The Adjudication Officer by letter of 26 March 1998 opposes the appeal.
7. Leave having been granted, I proceed to determine this appeal. I am unable to find any error of law in the Tribunal's decision. The findings of material fact are adequate to found the decision and are sustainable on the evidence. The reasons are adequate and clearly indicate why the Tribunal reached the decision it did. Its assessment of evidence is clear and the application of law to the facts found is clear also.
8. I am unable to find any error of law in the decision. I therefore dismiss the appeal.

(Signed): M F Brown

COMMISSIONER

23 June 1998